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A defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[criminal power] On June 26, 2015, the Defendant was sentenced to one year and four months of imprisonment for the crime of occupational embezzlement at the Busan District Court and completed the execution of the above punishment in the Tong Young Detention House around December 26 of the same year.
[2018 Highest 2998] From the Habman on December 2, 2015 to August 2016, 2016, the Defendant was in charge of various profit-making businesses and fund management, such as coffee and drinking-water rental business of the Association, as the head of the business headquarters of the Association from September 1, 2016, as the director of the business headquarters of the Association from September 1, 2016.
C Association is a juristic person established for the rehabilitation self-reliance and welfare of disabled persons. For the purpose of improving the welfare and treatment of disabled persons, it has been permitted to engage in various profit-making businesses, such as profit-making businesses lending spawds and so on from the Maritime Transport Daegu Office to the users of bathing beaches, the Epark shop and coffee machine operation rights established in the Maritime Daegu, and the right to operate a coffee machine installed in the F Building, and used proceeds as funds for the operation of the Association.
1. Occupational embezzlement;
A. From September 1, 2017 to August 31, 2019, the Defendant embezzled KRW 47 million as to the right to benefit in operating a G hotel in front of the G hotel: (a) around November 10, 2016, the Victim C Association agreed to lease the right to benefit in operating 34 G hotel near the G hotel, G hotel, and J, to H; (b) on the same day, the Defendant deducted KRW 10 million from H previously lent from H to the K Bank account in the name of the Defendant as a deposit and embezzled it by using it for personal purposes, such as living expenses or reimbursement of debts, etc., in around that time.
B. On October 9, 2016, the Defendant embezzled a deposit of KRW 50 million in relation to the right to benefit from the operation of the D bathing beach self-market in 2017: (a) around October 9, 2016, in the office of the Victim C Association located in the fiveth floor in Busan Metropolitan Transport Daegu, the victim 25 copics for one year to M.